Access to Justice Bill [H.L.] - continued        House of Lords

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SCHEDULE 9
 
  FUNCTIONS TRANSFERRED TO JUSTICES' CHIEF EXECUTIVES
 
The Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33)
     1. - (1) Section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (power of magistrates' courts to confirm maintenance orders made in certain Commonwealth countries) is amended as follows.
 
      (2) In subsection (5B) (powers of court), for-
 
 
    (a) "the clerk of the court or the clerk of any other magistrates' court", and
 
    (b) "the clerk of the court, or to the clerk of any other magistrates' court,",

substitute "a justices' chief executive".

      (3) In subsection (6A) (application of section 60 of the Magistrates' Courts Act 1980)-
 
 
    (a) in paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive", and
 
    (b) in paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for "clerk”" substitute "justices' chief executive for the court”".
 
The Maintenance Orders Act 1950 (c.37)
     2. Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments.
 
     3. - (1) Section 18 (enforcement of registered orders) is amended as follows.
 
      (2) In subsection (2ZA) (application of section 76 of the Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for-
 
 
    (a) "the clerk of the court or the clerk of any other magistrates' court", and
 
    (b) "the clerk of the court, or to the clerk of any other magistrates' court,",

substitute "a justices' chief executive". D>

      (3) In subsection (2A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk" substitute "relevant officer".
 
      (4) After that subsection insert-
 
 
    "(2B) In subsection (2A) of this section "relevant officer" means-
 
 
    (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court."
     4. - (1) Section 22 (discharge and variation of registered orders) is amended as follows.
 
      (2) In subsection (1B) (powers of court) for-
 
 
    (a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales", and
 
    (b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,",

substitute "a justices' chief executive". D>

      (3) In subsection (1E) (application of section 60 of the Magistrates' Courts Act 1980)-
 
 
    (a) in paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive", and
 
    (b) in paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk”" substitute "justices' chief executive for the court”".
     5. In section 24(5A)(b) (order requiring payment to the clerk of a magistrates' court to cease to have effect on cancellation of registration of order), for "the clerk of a magistrates' court in England and Wales" substitute "a justices' chief executive".
 
 
The Army Act 1955 (c.18)
     6. The Army Act 1955 has effect subject to the following amendments.
 
     7. - (1) Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
 
      (2) In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
 
      (3) After subsection (3) insert-
 
 
    "(3A) In subsection (1) of this section "relevant officer" means-
 
 
    (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court."
     8. - (1) Section 199 (proof of outcome of civil trial) is amended as follows.
 
      (2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
 
      (3) After subsection (3) insert-
 
 
    "(3A) In subsection (2) of this section "relevant officer" means-
 
 
    (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to any other court, the clerk of the court."
 
The Air Force Act 1955 (c.19)
     9. The Air Force Act 1955 has effect subject to the following amendments.
 
     10. - (1) Section 189 (delivery into air-force custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
 
      (2) In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
 
      (3) After subsection (3) insert-
 
 
    "(3A) In subsection (1) of this section "relevant officer" means-
 
 
    (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court."
     11. - (1) Section 199 (proof of outcome of civil trial) is amended as follows.
 
      (2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
 
      (3) After subsection (3) insert-
 
 
    "(3A) In subsection (2) of this section "relevant officer" means-
 
 
    (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to any other court, the clerk of the court."
 
The Naval Discipline Act 1957 (c.53)
     12. The Naval Discipline Act 1957 has effect subject to the following amendments.
 
     13. - (1) Section 110 (delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
 
      (2) In subsection (2) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
 
      (3) After subsection (2) insert-
 
 
    "(2A) In subsection (2) of this section "relevant officer" means-
 
 
    (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court."
     14. - (1) Section 129B (proof of outcome of civil trial) is amended as follows.
 
      (2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
 
      (3) After subsection (3) insert-
 
 
    "(3A) In subsection (2) of this section "relevant officer" means-
 
 
    (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to any other court, the clerk of the court."
 
The Maintenance Orders Act 1958 (c.39)
     15. The Maintenance Orders Act 1958 has effect subject to the following amendments.
 
     16. In section 1 (application of Part I), after subsection (3) insert-
 
 
    "(3A) In this Part of this Act references to the justices' chief executive for a court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts."
 
     17. - (1) Section 2 (registration of orders) is amended as follows.
 
      (2) In subsection (6) (effect on magistrates' court order of registration in the High Court), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive".
 
      (3) In subsection (6ZA)(b) (effect on High Court order or county court order of registration in magistrates' court), for "the clerk of the court or the clerk of any other magistrates' court" substitute "a justices' chief executive".
 
      (4) In subsection (6ZC) (payments under order becoming or ceasing to be payable to clerk of a magistrates' court), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
 
     18. In section 3(3A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk of" substitute "justices' chief executive for".
 
     19. - (1) Section 4(5B) (application of section 60 of the Magistrates' Courts Act 1980) is amended as follows.
 
      (2) In paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive".
 
      (3) In paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk”" substitute "justices' chief executive for the court”".
 
      (4) In paragraph (e), in the subsection to be regarded as substituted for subsections (9) and (10) of that section, for-
 
 
    (a) "the clerk of the court or the clerk of any other magistrates' court", and
 
    (b) "the clerk of the court, or to the clerk of any other magistrates' court,",

substitute "a justices' chief executive".

     20. - (1) Section 5 (cancellation of registration) is amended as follows.
 
      (2) In subsection (5) (cancellation of registration of High Court or county court order), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive".
 
      (3) In subsection (6)(b) (cancellation of registration of magistrates' court order), for "clerk of" substitute "justices' chief executive for".
 
     21. In section 20(1) (clerk of magistrates' court entitled to receive payments for transmission to another)-
 
 
    (a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", and
 
    (b) for "the clerk is" substitute "an executive is".
 
The Betting, Gaming and Lotteries Act 1963 (c.2)
     22. - (1) Paragraph 20 of Schedule 1 to the Betting, Gaming and Lotteries Act 1963 (fees for grant or renewal of permit or licence) is amended as follows.
 
      (2) In sub-paragraph (1) (payment to clerk to authority), for "clerk to the authority" substitute "relevant officer".
 
      (3) After that sub-paragraph insert-
 
 
    "(1AA) In sub-paragraph (1) above "the relevant officer" means-
 
 
    (a) in relation to an authority in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act; and
 
    (b) in relation to an authority in Scotland, the clerk to the authority."
 
The Gaming Act 1968 (c.65)
     23. The Gaming Act 1968 has effect subject to the following amendments.
 
     24. - (1) Paragraph 63 of Schedule 2 (fees for grant, renewal or transfer of licences) is amended as follows.
 
      (2) In sub-paragraph (1) (payment to clerk to licensing authority), for "clerk to the licensing authority" substitute "relevant officer".
 
      (3) After that sub-paragraph insert-
 
 
    "(1A) In sub-paragraph (1) above "the relevant officer" means-
 
 
    (a) in relation to a licensing authority in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act; and
 
    (b) in relation to a licensing authority in Scotland, the clerk to the authority."
     25. In paragraph 23 of Schedule 3 (fees for registration and renewal of registration of club or institute under Part II), for the words "by the applicant" onwards substitute "of the fee chargeable in accordance with section 48 of this Act by the applicant to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act."
 
     26. In paragraph 24 of Schedule 7 (fees for registration and renewal of registration of club or institute under Part III), for the words "by the applicant" onwards substitute "of the fee chargeable in accordance with section 48 of this Act by the applicant to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act."
 
     27. In paragraph 21 of Schedule 9 (fees for grant or renewal of permits), for the words "by the applicant" onwards substitute "of the fee chargeable in accordance with section 48 of this Act by the applicant-
 
 
    (a) where the appropriate authority is the licensing justices, to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act; or
 
    (b) in any other case, to the appropriate authority or their clerk."
 
The Attachment of Earnings Act 1971 (c.32)
     28. The Attachment of Earnings Act 1971 has effect subject to the following amendments.
 
     29. In section 3(1)(c) (persons who may apply for an attachment of earnings order), for "the clerk of a magistrates' court, the clerk of that court" substitute "a justices' chief executive, that justices' chief executive".
 
     30. In section 6(7)(c) (clerk to be collecting officer in case of order made by a magistrates' court), for "clerk either of that court or of" substitute "justices' chief executive for that court or for".
 
     31. In section 17(3)(d) (power to require court officer to deal with payments under consolidated attachment order as directed by court or rules), for "clerk or registrar" substitute "officer".
 
     32. - (1) Section 18 (certain action not to be taken by collecting officer except on request) is amended as follows.
 
      (2) In subsection (1) (clerk of magistrates' court not to make certain applications unless requested by person entitled to receive payments), for "The clerk of a magistrates' court" substitute "A justices' chief executive".
 
      (3) In subsections (2) and (3) (effect of request), for "the clerk" substitute "a justices' chief executive".
 
     33. In section 21(2)(a)(ii) (costs due to clerk of magistrates' court), for "clerk of" substitute "justices' chief executive for".
 
     34. In section 25 (interpretation), after subsection (1) insert-
 
 
    "(1A) In relation to a magistrates' court-
 
 
    (a) references to a single justice are to a justice of the peace acting for the same petty sessions area as the court; and
 
    (b) references to the justices' chief executive for the court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts."
 
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)
     35. The Maintenance Orders (Reciprocal Enforcement) Act 1972 has effect subject to the following amendments.
 
     36. In section 7(5B) (powers of magistrates' court on confirming provisional order made in reciprocating country), for-
 
 
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Prepared 29 January 1999